Securities Cases to Watch at the High Court

These include the statutory interpretation of the Dodd-Frank Act and its whistle blower protections, the jurisdictional reach of state courts in certain class actions, and separation of powers issues related to the appointments clause of the U.S. Constitution. Ms. Williams also discusses a fourth securities case that was accepted for review, but which has been stayed pending settlement. Nonetheless, it presents an important question the court is likely to review in the future.

From the article:

Lucia v. Securities and Exchange Commission (on appeal from the D.C. Circuit).

The short-term impact of this case for litigants will depend on how the court crafts a remedy if it finds a constitutional violation. If the court holds that the SEC judges have been “inferior Officers” all along, and have, for decades, been unconstitutionally presiding over proceedings, what happens next? Will all past and present administrative actions heard by SEC judges be dismissed and expunged because of the unconstitutionally appointed judge who presided over the case? That is unlikely. But if the court finds that the SEC’s practice violates the appointments clause, the appropriate remedy is not easy to determine.”

After Wildfires and Mudslides, SoCal Edison Engages Hueston Hennigan

Hueston Hennigan is recognized as one of the top trial boutiques in the country. The firm is noted for its commitment to taking matters of public and social import, and the work of its attorneys has been recognized by U.S. News and World Report/Best Lawyers, Benchmark Litigation, The Los Angeles Daily Journal, Chambers and Partners USA, and other legal directories and news outlets.

The Art of the Trial: Closing Arguments

The trial is over. All witnesses have finished their testimony. The exhibits have either been received into evidence or never will be admitted. The trial court has reviewed with counsel the jury instructions. The jury is assembled in the box. The trial judge turns to you, telling the jury that it will first hear from plaintiff’s counsel, in closing argument. You stand, turn to the jury, and…

Clearly, this is not the time to start thinking about the form and substance of your closing argument. You have doubtlessly studied the subject before the day in court. You have researched the subject, and probably run though the argument with friends. Perhaps you have rehearsed it on the long commute to the courthouse during the trial. Depending on the size of the case and the anxiety level of your client, you have likely presented the closing argument to mock juries to gauge their response to your key points.

I have tried approximately 50 cases in federal and state court, as a federal prosecutor, a criminal defense counsel. I have tried criminal and civil cases on both the plaintiff and defense side. There is no “one size fits all” formula for effective closing arguments. But, there are a number of practice tips than attorney should keep in mind in designing and presenting an effective closing argument.

Read more in: The Daily Journal

Michael Behrens and Xinlin Li Morrow Promoted to Counsel

Ms. Morrow’s practice focuses on white collar defense, complex business litigation, and patent litigation. She has represented clients in a broad range of industries, including aviation, biotechnology, cyber security, finance, professional sports, software, and telecommunications. She also has successfully represented individuals facing SEC and DOJ investigations and actions.

“Xinlin is a dynamic lawyer who handles cases across subject matters,” said Moez Kaba. “She has shown that one can crush a deposition in Hong Kong one morning, and be back for another one in Los Angeles the next day, without skipping a beat.  Xinlin has also developed a critical IP expertise while expanding her contributions in many other areas.”

Mr. Behrens has litigated contract, defamation, commercial lease, health care fraud, RICO, labor union, and C-suite employment disputes, and has argued and won before the Ninth Circuit and in district court.  Mr. Behrens specializes in representing governments and universities, and advises and guides institutions facing regulatory action.

“Mike sets himself apart as a strategic, measured, and earnest advocate for his clients,” said John Hueston.  “His steady approach to matters and clients make him both a pleasure to work with and an essential part of our teams.  More than once, Mike has been called upon to parachute into a case to support a trial or help win summary judgment.  He has done so with ease and skill.”

With the promotions of Ms. Morrow and Mr. Behrens, the firm continues its annual promotion to counsel of associates who are poised for partner consideration in the coming years. “We believe we have some of the best associates in the nation, and Xinlin and Mike are great examples of that,” said Managing Partner Brian Hennigan.


Michael Behrens and Xinlin Li Morrow Promoted to Counsel